1 2025:CGHC:29977 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3910 of 2025 Ram Ji Sahu S/o Punit Sahu Aged About 22 Years Occupation - Peasant, R/o Village Nagpura, Thana Nawagarh, District Bemetara, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station - City Kotwali Bemetara, District Bemetara, Chhattisgarh. ... Non-applicant For Applicant : Mr. Uttam Pandey, Advocate For Non-applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 02.07.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 106/2025 registered at Police Station : City Kotwali, Bemetara, District Bemetara (C.G.) for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2)A of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the applicant, Ramji Sahu, came in contact with an unknown person possessing mobile number 9329711501 for the purpose of earning illicit money. By deceiving two ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.03 11:14:22 +0530 2 persons, namely Ajay Kumar Dhruv and Nitesh Yadav, he induced them to engage in cyber crime and got their bank accounts opened in the Bank of Maharashtra, Branch Devarbija, linking their account passbooks and ATM PINs with the said mobile number (9329711501). By further contacting the unknown possessor of the said mobile number, an amount of Rs. 20,000/- was received, out of which Rs. 5,000/- each was distributed to the co-accused persons, Ajay Kumar Dhruv and Nitesh Yadav, and the balance amount of Rs. 10,000/- was kept by the applicant. On 02.03.2025, the Officer In- Charge, City Kotwali Bemetara, Sub-Inspector Rakesh Sahu, received information through reliable sources regarding the offence, upon which the matter was investigated. It came to light that the amount received through cheating had been deposited in the bank accounts and was being used as mule accounts. During the course of the investigation, various accounts opened in the Bank of Maharashtra, Branch Devarbija, were verified, and it was found that between 16.07.2024 and 24.10.2024, suspicious transactions had taken place, following which the above-mentioned offences under the BNS Act, 2023 came to be registered. The memorandum statement of the applicant was recorded, and it was revealed that he had received a call from mobile number 9301045326 on mobile number 9329711501, during which he was advised about 2-3 bank accounts and informed that in return, he would receive Rs. 20,000/- and monthly interest in the bank account. In compliance with this, the applicant got the bank accounts of Ajay Kumar Dhruv and Nitesh Yadav opened by deceiving them. After the arrest, the amount of Rs. 10,000/- could not be recovered as it had already been spent, and a SIM card bearing number 9301045326 of 3 MI Company was seized, and other formalities were completed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that no mobile phone has been recovered from the possession of the applicant, it has not been established through which mobile phone the said SIM number was used. He submits that the call details of SIM numbers 9301045323, 9329711501, 6006677840, 6267294042, and 9770335282 have not been received from the Cyber Cell, Bemetara, the facts could not be ascertained, and the applicant could not have been detained lawfully. Thus, the applicant has been implicated merely on the basis of apprehension. He further submits that the FIR has been registered against unknown persons, and when the said persons could not be traced by the police, it has attempted to falsely implicate the applicant in place of the unknown persons. He further submits that present applicant has no criminal antecedents and he is in jail since 12.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case and also endorse the submission made by the learned counsel for the applicant that the applicant has no criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents, moreover, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 12.03.2025, trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Ram Ji Sahu, involved in Crime No. 106/2025 registered at Police Station : City Kotwali, Bemetara, District Bemetara (C.G.) for the offence punishable under Sections 317(2), 317(4), 318(4), 61(2)A of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 5 during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek